Child Relocation After Divorce in New Jersey: What Parents Need to Know

Can You Move Out of State With Your Child After Divorce?

In New Jersey, a custodial parent who wishes to relocate out of state with a child must either obtain the written consent of the other parent or seek court approval. This requirement applies regardless of whether the relocation is across the country or just across the state line.

The Legal Standard: Best Interests of the Child

Following the New Jersey Supreme Court's decision in Bisbing v. Bisbing (2017), courts apply a best interests of the child standard when evaluating relocation requests. The court considers all relevant factors, including:

• The reasons for the proposed move
• The reasons the other parent objects
• The history of the parents' relationship and their ability to cooperate
• The child's relationship with each parent and extended family
• The educational, health, and social opportunities available at the new location
• The feasibility of a parenting time schedule that preserves the relationship with the non-relocating parent
• The child's preference, depending on age and maturity

What If a Parent Moves Without Permission?

Relocating without court approval or the other parent's consent can have serious legal consequences, including:

• Being held in contempt of court
• Loss of primary custody
• Being ordered to return the child to New Jersey

Courts take unauthorized relocation extremely seriously, and judges may view it as evidence of bad faith in co-parenting.

How to Seek Court Approval

A parent seeking to relocate must file a motion with the Family Court. The motion should include a detailed parenting plan showing how the child's relationship with the non-relocating parent will be maintained, including a proposed long-distance visitation schedule and provisions for travel costs.

If You Are the Non-Relocating Parent

If your co-parent is seeking to move with your child, you have the right to object and request a hearing. An attorney can help you present evidence that the move is not in the child's best interests and propose alternative custody arrangements.

This article is for general informational purposes only and does not constitute legal advice.